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Saturday, December 29, 2012

Freeing Texas Inherited Real Estate Through Probate by Austin Texas Inherited Real Estate Lawyer Jason Coomer

Many Situations Can Cause Texas Inherited Real Property To Become Stuck After The Death of a Family Member: Failure To Free Inherited Real Estate Can Result In The Loss Of Family Inheritance by Austin Texas Inherited Real Estate Lawyer Jason Coomer

After a family member dies, their real property can often become stuck in the inheritance process and if proper action is not taken it can be lost to foreclosure.  This is especially common when the person dies without a Will and leaves no instructions as to what they want done with their possessions after they die.  In this situation, Texas real property will need to be transferred under Texas intestate law.  As such, it is important to understand what Texas intestate law says on how the estate should be divided and how title to the real estate can be transferred.

In addition to the issue of intestate succession, there are also a number of other common situations that can cause inherited real property to become stuck.  A few of these situations are discussed in this blog post.  The first situation occurs when the family is unable to move forward with the probate process because of lack of resources.  The second situation occurs when the family is unable to move forward with probate because of proximity issues.  In other words, the heirs do not live in Texas or close to where their loved one died.  In still other situations families can start fighting over their loved one's estate.  In all these situations, real estate can become stuck for years or can even be lost.

Freeing Texas Real Property From Probate Usually Requires The Services of One or More Texas Probate Real Estate Lawyers

Depending on the reason that has caused the Texas inherited property to become stuck in the probate process, the solution may be hiring a Texas probate real estate lawyer.  In the situation where the family cannot afford the probate process, a Texas probate real estate lawyer can sometimes work out a contingent contract or a hybrid contract where the lawyer will work to free the real property so it can be sold or mortgaged allowing the heirs, beneficiaries, court costs, attorney's fees, and other expenses to be paid out of the sales proceeds of the real property or a loan on the property.  In these situations, families can often prevent losing inherited property through foreclosure or taxes.

In the situation where the family lives outside of the State of Texas, a Texas probate real estate attorney can often be appointed the local agent for the administrator or executive and help with many of the tasks that need to be handled in administering the estate.  This can greatly limit the need for the family to make numerous trips to Texas or the county where their loved one died and allow a busy family member to handle probate issues without a significant drain on their time.

In situations where the heirs and beneficiaries start fighting, it is often necessary for multiple Texas probate real estate lawyers to become involved.  In these situations, it is typically best for each side to have their own legal counsel to advise them as to their rights under Texas law and if necessary to have legal counsel that can advocate for their rights.  These contested probate lawsuits can be expensive, but can be necessary when someone is attempting to steal family inheritance or the family needs experienced legal help to settle a disputed probate matter and prevent the loss of inherited real estate in Austin or Texas. 

Texas Probate Real Estate Lawyer Clears Title To Probate Property and Handles Probate Issues

As an Austin Texas Probate Real Estate Lawyer, Jason Coomer, handles Texas probate, estate, and inheritance matters.  He works with families including Texas families and out of state families on a variety of Texas probate, estate, and inheritance issues.  These issues commonly include probating Wills, contesting Wills, fighting will contests, clearing title to estate property, claiming estate property, filing suits to determine rightful heirs of estates, filing breach of fiduciary duty lawsuits, and representing estate administrators.  For questions on Texas probate, estate, and inheritance matters, please feel free to send an e-mail message to Austin Texas Probate Lawyer and Austin Texas Inheritance Lawyer Jason S. Coomer or please feel free to use our contact form.

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